MAN SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) We had heard arguments in this appeal and had also heard the learned counsel for the appellants and two trustees of Shri Moolchand Kharaitiram Hospital Trust in C. M. 153 of 1978 and reserved judgment. As we proceeded to judgment we noticed that no appeal was competent. We were, therefore, prima facie, of the view that we would have no jurisdiction to give any opinion, advice or direction by either agreeing with or reversing or modifying the judgment of the learned single Judge. Accordingly, we directed that the matter be listed for being mentioned. It was so listed on March 3, 1978. We pointed out to counsel that our research showed that no appeal lay against the order of the learned single Judge. Learned counsel took time to study the matter and address us.

(2.) Today we have heard Mr. Anoop Singh, learned counsel for the appellants. He submits that the appeal is maintainable.

(3.) The appellants had filed a petition under Ss. 34 and 37 of the Indian Trusts Act, 1882, praying that they as trustees of the will of one Tara Chand Saraf be permitted to sell the immoveable properties of the trust at Amritsar and directions be given that the trust property may be administered by spending the entire trust fund in the manner resolved by the trustees in their meeting held on Nov. 17, 1972. This resolution was to the effect that the immoveable properties belonging to the trust be sold and the entire amount at the disposal of the trust be spent for a useful purpose and the trust be thereafter wound up. The useful purpose, according to the petition filed was that the trust funds be utilised for building of a marriage hall and a house on the land allotted to Akali Baba Phoola Singh Educational Society Pusa Road, New Delhi.